State v. Davis

After a jury trial, Defendant was convicted of committing the crime of robbery in the first degree. In its information charging Defendant, the state alleged that Defendant was armed with a firearm during the commission of the crime. During trial, however, the court instructed the jury that Defendant could be found guilty if all other elements of the crime had been proven and if any person participating in the commission of the crime possessed a firearm. Defendant appealed, arguing that the trial court improperly instructed the jury that it could find him guilty under a theory of liability not set forth in the State’s information. Because Defendant did not preserve his claim for appellate review by objecting to the jury instruction, he sought review under State v. Golding. The appellate court declined to review Defendant’s claim on appeal, concluding that Defendant had implicitly waived any objection to the jury instructions under the rule set forth in State v. Kitchens. The Supreme Court reversed, holding that Defendant did not implicitly waive his claim because he was never provided with the court’s actual proposed charge and consequently did not have a meaningful opportunity to review the instructions.View "State v. Davis" on Justia Law